Common use of Nationalization or Expropriation Clause in Contracts

Nationalization or Expropriation. 1. The investments to which this Agreement relates shall not be subject to any measure which might limit the right of ownership, possession, control or enjoyment of the investments, permanently or temporarily, save where specifically provided by current, national or local, legislation or regulations and orders handed down by Courts or Tribunals having jurisdiction. 2. Investments of investors of one of the Contracting Parties shall not be, "de jure" or "de facto", directly or indirectly nationalized, expropriated, requisitioned or subjected to any measures having an equivalent effect in the territory of the other Contracting Party, except for public purposes or national interest and in exchange for immediate, full and effective compensation, and on condition that these measures are taken on a non-discriminatory basis and in conformity with all legal provisions and procedures. 3. The just compensation shall be established on the basis of real market value immediately prior to the moment in which the decision to nationalize or expropriate is announced or made public. In the absence of an understanding between the host Contracting Party and the investor during the nationalization or expropriation procedure, compensation shall be based on the same reference parameters and exchange rates taken into account in the documents for the constitution of the investment. The exchange rate applicable to any such compensation shall be that prevailing on the date immediately prior to the moment in which the nationalization or expropriation has been annonced or made public. 4. Without restricting the scope of the above paragraph, should the object of nationalization, expropriation, or similar event be a company any part of whose share capital shall have been subscribed by an investor in a foreign currency or denominated in a foreign currency, the evaluation of the share of such investor will be in the currency of the investment, increased by capital increases, revaluation of capital, undistributed profits and reserves and diminished by the value of capital reductions and losses. 5. Compensation will be considered as actual if it will have been paid in the same currency in which the investment has been made by the foreign investor, in as much as such currency is — or remains — convertible, or, otherwise, in any other currency accepted by the investor. 6. Compensation will be considered as timely if it takes place without undue delay and, in any case, within six months. 7. Compensation shall include interests calculated on LIBOR basis from the date of nationalization or expropriation to the date of payment. 8. A national or company of either Party that asserts that all or part of its investment has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of the other Party to determine whether any such expropriation, and any compensation thereof, conforms to principles of international law, and to decide all other matters relating thereto. 9. If, after the dispossession, the assets concerned have not been utilized, wholly or partially, for that purpose, the owner or his assignees are entitled to the repurchasing of the assets at the market price.

Appears in 23 contracts

Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement

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Nationalization or Expropriation. 1. The investments to which this Agreement relates shall not be subject to any measure which might limit the right of ownership, possession, control or enjoyment of the investments, permanently or temporarily, save where specifically provided by current, national or local, legislation or regulations and orders handed down by Courts or Tribunals having jurisdiction. 2. Investments of investors of one of the Contracting Parties shall not be, "de jure" or "de facto", directly or indirectly indirectly, nationalized, expropriated, requisitioned or subjected to any measures having an equivalent effect in the territory of the other Contracting Party, except for public purposes or national interest and in exchange for immediate, full and effective compensation, and on condition that these measures are taken on a non-discriminatory basis and in conformity with all legal provisions provisions, procedures and proceduresorders handed down by Courts or Tribunals having jurisdiction. 32. The just compensation shall be established on the basis of real international market value values immediately prior to the moment in on which the decision to nationalize or expropriate is announced or made public. In Where that value cannot be readily ascertained, the absence of an understanding between the host Contracting Party and the investor during the nationalization or expropriation procedure, compensation shall be based on the same reference parameters and exchange rates taken determined in accordance with general recognized principles of evaluation taking into account in the documents for the constitution of the investmentcapital invested, depreciation, capital already repatriated, replacement value, currency exchange rate movements and other relevant factor. The exchange rate applicable to any such compensation shall be that prevailing on the date immediately prior to the moment in which the nationalization or expropriation has been annonced announced or made public. 43. Without restricting the scope of the above paragraph, should in case that the object of nationalizationnationalisation, expropriation, or similar event be similar, is a company any part of whose share capital shall have been subscribed by an investor in a with foreign currency or denominated in a foreign currencycapital, the evaluation of the share of such the investor will be be, in the currency of the investmentinvestment not lower than the starting value, increased by capital increases, increases and revaluation of capital, undistributed profits and reserves reserve funds, and diminished by the value of capital reductions and losses. 54. Compensation will be considered as actual if it will have been paid in the same currency in which the investment has been made by the foreign investor, in as much as such currency is — or remains — convertible, or, otherwise, in any other currency accepted by the investor. 65. Compensation will be considered as timely if it takes place without undue delay and, in any case, within six monthsdelay. 76. Compensation shall include interests calculated on the basis of LIBOR basis from standards referring to the period comprised between the date of nationalization nationalisation or expropriation to and the date of payment. 87. A national or company of either Contracting Party that asserts that all or part of its investment has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of the other Contracting Party to determine whether any such expropriation has occurred and, if so, whether such expropriation, and any compensation thereof, conforms to the principles of international law, and to decide all other matters relating thereto. 8. In the absence of an understanding between the investor and the responsible authority, the amount of compensation will be established according to the procedures for dispute resolution as per Article 9 of this Agreement. Compensation will be freely transferable. 9. The provisions of paragraph 1. of this Article shall also apply to profits accruing to an investment and, in the event of winding-up, the proceeds of liquidation. 10. If, after the dispossession, the assets good concerned have has not been utilized, wholly or partially, for that purpose, the owner or his assignees are entitled to the repurchasing of the assets good at the market price.

Appears in 2 contracts

Samples: Investment Agreement, Investment Protection Agreement

Nationalization or Expropriation. 1. 1- The investments to which this Agreement relates shall not be subject to any measure which might limit the right of ownership, possession, control or enjoyment of the investments, permanently or temporarily, save where unless specifically provided by current, current national or local, local legislation or regulations and orders handed down by Courts or Tribunals having jurisdiction. 2. 2- Investments of investors of one of the Contracting Parties shall not be, be "de jureJure" or "de facto", directly or indirectly indirectly, totally or partially, nationalized, expropriated, requisitioned or subjected to any measures having an equivalent effect in the territory of the other Contracting Party, except for public purposes or national interest and in exchange for immediate, full and effective compensation, and on condition that these measures are taken on a non-discriminatory basis and in conformity with all legal provisions and procedures. 3. 3- The just compensation shall be established on the basis of the real international market value immediately prior to the moment in which the decision to nationalize or expropriate is announced or made public. In the absence of an understanding between the host Contracting Party and the investor during the nationalization or expropriation procedure, compensation shall be based on the same reference parameters and exchange rates taken into account in the documents for the constitution of the investment. The exchange rate applicable to any such compensation shall be that prevailing on the date immediately prior to the moment in which the nationalization or the expropriation has been annonced announced or made public. 4. 4- Without restricting the scope of the above paragraph, should in case that the object of nationalization, expropriationexpropriation or similar, or similar event be is a company any part of whose share capital shall have been subscribed by an investor in a with foreign currency or denominated in a foreign currencycapital, the evaluation of the share of such the investor will be in the currency of the investmentinvestment not lower than the starting value, increased by capital increases, increases and revaluation of capital, undistributed profits and reserves reserve funds and diminished by the value of capital reductions and losses. 5. 5- Compensation will be considered as actual if it will have been be paid in the same currency in which the investment has been made by the foreign investor, in as much as such currency is - or remains convertible, or, otherwise, in any other currency accepted by the investor. 6. 6- Compensation will be considered as timely if it takes place without undue delay and, in any case, within six monthsthree months from the date on which the application for payment has been submitted. 7. 7- Compensation shall include interests interest calculated on a six months LIBOR basis from the date of nationalization or expropriation the application for payment to the date of paymentpayment and will be freely transferable. 8. 8- A national or company of either Party that asserts that all or part of its investment has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of the other Party party to determine whether any such expropriation has occurred and, if so, whether such expropriation, and any compensation thereof, conforms to the principles of international law, and to decide all other matters relating thereto. 9. 9- In the absence of an agreement between the investor and the responsible authority, the amount of compensation will be established according to the procedures for disputes resolution as per Article 9 of this Agreement. 10- The provisions of paragraph 2 of this Article shall also apply to profits accruing to an investment and, in the event of winding-up, the proceeds of liquidation. 11- If, after the dispossession, the assets good concerned have has not been utilized, wholly or partially, for that purpose, the owner or his assignees are entitled to the repurchasing of the assets good at the market price.

Appears in 1 contract

Samples: Investment Protection Agreement

Nationalization or Expropriation. 1. The investments to which this Agreement relates shall not be subject to any measure which might limit the right of ownership, possession, control or enjoyment of the investments, permanently or temporarily, save where unless specifically provided by current, national or local, legislation or and/or regulations and orders handed down by Courts courts or Tribunals having jurisdiction. 2. Investments of investors of one of the Contracting Parties shall not be, "de jure" jure or "de facto", directly or indirectly nationalized, expropriated, requisitioned or subjected to any measures having an equivalent effect in the territory of the other Contracting Party, except for public purposes or national interest interests and in exchange for immediate, full and effective compensation, and on condition that these measures are taken on a non-discriminatory basis and in conformity with all legal provisions and procedures. 3. The just compensation shall be established on the basis of real market value immediately prior to the moment in which the decision to nationalize or expropriate is announced or made public. In the absence of an understanding between the host Contracting Party and the investor during the nationalization nationalisation, or expropriation procedure, compensation shall be based on the same reference parameters parameters, and exchange rates rates, taken into account in the documents for the constitution of the investment. The exchange rate applicable to any such compensation shall be that prevailing on the date immediately prior to the moment in which the nationalization nationalisation or expropriation has been annonced announced or made public. 4. Without restricting the scope of the above paragraph, should in case that the object of nationalizationnationalisation, expropriation, or similar event be measure, is a company any part of whose share capital shall have been subscribed by an investor in a with foreign currency or denominated in a foreign currencycapital, the evaluation of the share of such the investor will be be, in the currency of the investment, not lower than the starting value, increased by capital increases, increases and revaluation of capital, undistributed profits and reserves reserve funds, and diminished by the value of capital reductions and losses. 5. Compensation will be considered as actual adequate if it will have been is paid in the same currency in which the investment has been made by the foreign investor, in as much insofar as such currency is — is, or remains convertible, or, otherwise, in any other currency accepted by the investor. 6. Compensation will be considered as timely if it takes place without undue delay and, in any case, within six monthsone month. 7. Compensation shall include interests calculated on a six months LIBOR basis from the date of nationalization nationalisation or expropriation to the date of payment. 8. A national or company of either Contracting Party that asserts that all or part of its investment has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of the other Contracting Party to determine whether any such expropriation has occurred and, if so, whether such expropriation, and any compensation thereof, conforms to the principles of international law, and to decide all other matters relating thereto. 9. The provisions of paragraph 2. of this Article shall also apply to profits accruing to an investment and, in the event of winding-up, the proceeds of liquidation. 10. If, after the dispossessionexpropriation, the assets investment concerned have has not been utilized, wholly or partially, utilized for that purpose, the owner investor concerned or his assignees are entitled to the repurchasing of the expropriated assets at the market price.

Appears in 1 contract

Samples: Investment Agreement

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Nationalization or Expropriation. 1. 1- The investments to which this Agreement relates shall not be subject to any measure which might limit the right of ownership, possession, control or enjoyment of the investments, permanently or temporarily, save where unless specifically provided by current, current national or local, local legislation or regulations and orders handed down by Courts or Tribunals having jurisdiction. 2. 2- Investments of investors of one of the Contracting Parties shall not be, be "de jureJure" or "de facto", directly or indirectly indirectly, totally or partially, nationalized, expropriated, requisitioned or subjected to any measures having an equivalent effect in the territory of the other Contracting Party, except for public purposes or national interest and in exchange for immediate, full and effective compensation, and on condition that these measures are taken on a non-non- discriminatory basis and in conformity with all legal provisions and procedures. 3. 3- The just compensation shall be established on the basis of the real international market value immediately prior to the moment in which the decision to nationalize or expropriate is announced or made public. In the absence of an understanding between the host Contracting Party and the investor during the nationalization or expropriation procedure, compensation shall be based on the same reference parameters and exchange rates taken into account in the documents for the constitution of the investment. The exchange rate applicable to any such compensation shall be that prevailing on the date immediately prior to the moment in which the nationalization or the expropriation has been annonced announced or made public. 4. 4- Without restricting the scope of the above paragraph, should in case that the object of nationalization, expropriationexpropriation or similar, or similar event be is a company any part of whose share capital shall have been subscribed by an investor in a with foreign currency or denominated in a foreign currencycapital, the evaluation of the share of such the investor will be in the currency of the investmentinvestment not lower than the starting value, increased by capital increases, increases and revaluation of capital, undistributed profits and reserves reserve funds and diminished by the value of capital reductions and losses. 5. 5- Compensation will be considered as actual if it will have been be paid in the same currency in which the investment has been made by the foreign investor, in as much as such currency is - or remains convertible, or, otherwise, in any other currency accepted by the investor. 6. 6- Compensation will be considered as timely if it takes place without undue delay and, in any case, within six monthsthree months from the date on which the application for payment has been submitted. 7. 7- Compensation shall include interests interest calculated on a six months LIBOR basis from the date of nationalization or expropriation the application for payment to the date of paymentpayment and will be freely transferable. 8. 8- A national or company of either Party that asserts that all or part of its investment has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of the other Party party to determine whether any such expropriation has occurred and, if so, whether such expropriation, and any compensation thereof, conforms to the principles of international law, and to decide all other matters relating thereto. 9. 9- In the absence of an agreement between the investor and the responsible authority, the amount of compensation will be established according to the procedures for disputes resolution as per Article 9 of this Agreement. 10- The provisions of paragraph 2 of this Article shall also apply to profits accruing to an investment and, in the event of winding-up, the proceeds of liquidation. 11- If, after the dispossession, the assets good concerned have has not been utilized, wholly or partially, for that purpose, the owner or his assignees are entitled to the repurchasing of the assets good at the market price.

Appears in 1 contract

Samples: Investment Agreement

Nationalization or Expropriation. 1. The investments to which this Agreement relates shall not be subject to any measure which might limit the right of ownership, possession, control or enjoyment of the investments, permanently or temporarily, save where specifically provided by current, national or local, legislation or regulations and orders handed down by Courts or Tribunals having jurisdiction. 2. Investments of or investors of one of the Contracting Parties shall not be, "de jure" or "de facto", directly or indirectly nationalized, expropriated, requisitioned or subjected to any measures having an equivalent effect in the territory of the other Contracting Party, except for public purposes or national interest and in exchange for immediate, full and effective compensation, and on condition that these measures are taken on a non-discriminatory basis and in conformity with all legal provisions and procedures. 3. The just compensation shall be established on the basis of real market value immediately prior to the moment in which the decision to nationalize or expropriate is announced or made public. In the absence of an understanding between the host Contracting Party and the investor during the nationalization or expropriation procedure, compensation shall be based on the same reference parameters and exchange rates taken into account in the documents for the constitution of the investment. The exchange rate applicable to any such compensation shall be that prevailing on the date immediately prior to the moment in which the nationalization or expropriation has been annonced announced or made public. 4. Without restricting the scope of the above paragraph, should the object of nationalization, expropriation, or similar event be a company any part of whose share capital shall have been subscribed by an investor in a foreign currency or denominated in a foreign currency, the evaluation of the share of such investor will be in the currency of the investment, increased by capital increases, revaluation of capital, undistributed profits and reserves and diminished by the value of capital reductions and losses. 5. Compensation will be considered as actual if it will have been paid in the same currency in which the investment has been made by the foreign investor, in as much as such currency is - or remains convertible, or, otherwise, in any other currency accepted by the investor. 6. Compensation will be considered as timely if it takes place without undue delay and, in any case, within six months. 7. Compensation shall include interests calculated on LIBOR basis from the date of nationalization or expropriation to the date of payment. 8. A national or company of either Party that asserts that all or part of its investment has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of the other Party to determine whether any such expropriation, and any compensation thereof, conforms conform to principles of international law, and to decide all other matters relating thereto. 9. If, after the dispossession, the assets concerned have not been utilized, wholly or partially, for that purpose, the owner or his assignees are entitled to the repurchasing of the assets at the market price.

Appears in 1 contract

Samples: Investment Agreement

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